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120Water Sweepstakes

BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.

OFFICIAL RULES

‍1. SWEEPSTAKES PERIOD: The 120Water Sweepstakes (the “Sweepstakes”) begins at 12:00 am EST on 8/1/2024 and ends at 12:00 pm EST on 9/30/2024 (the “Sweepstakes Period”). Sponsor’s clock is the official timekeeper for the Sweepstakes Period.

2. ELIGIBILITY: You are eligible to enter the Sweepstakes if you meet all of the following criteria: (1) you reside in, or will supply a mailing address inside of, the continental United States, including the District of Columbia; (2) you are over the age of 18; and (3) you schedule a meeting with Sponsor to take place on or before September 30, 2024. Employees of Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Sweepstakes Entities”), their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win.

3. HOW TO ENTER:
METHOD OF ENTRY: NO PURCHASE NECESSARY TO ENTER OR WIN. Entrants are automatically entered into the Sweepstakes upon attending a meeting with the respective state specialist. Entrants will automatically receive one Entry into the Sweepstakes.
LIMITS: There is a limit of one (1) Entry per person or entity for the entire Sweepstakes Period. All Entries become the property of Sponsor and will not be acknowledged or returned.

4. PRIZES, PRIZE DRAWING, AND ODDS OF WINNING:
PRIZE DRAWING: Sponsor will conduct one (1) random prize drawing from all eligible entries received during the Sweepstakes Period. The drawing will be conducted at Sponsor’s headquarters on 10/01/2024. Odds of winning depend on number of eligible entries received. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.

PRIZE DETAILS: Total of one (1) prize. Winner will receive: one Blackstone Grill (“Prize”). The approximate retail value (“ARV”) of the Prize is $400. The Prize will be shipped at no expense to the Winner. Sponsor will notify a Potential Winner by phone and email. The Potential Winner is responsible for responding and providing the correct ship-to address within 7 days after issuance of notification. Prizes will only be mailed to an address in the continental U.S. including D.C. The Winner is solely responsible for any taxes on the prize. Only one prize will be awarded per Winner.

PRIZE AWARDING: All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification. If a prize or prize notification is returned as undeliverable; or if a Potential Winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these
Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given.

Once the Affidavit is received within the specified time period, is verified, and receives final approval by Sweepstakes Entities, then and only then will a Potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.

PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. Winner will not be obligated to purchase any other Sponsor products or services. Entrant agrees to indemnify, release, and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any
kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant.

5. CONDITIONS OF ENTRY: Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify, cancel, or terminate the Sweepstakes, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. In case of a dispute as to the owner of an Entry, Entry will be deemed to have been
submitted by the authorized account holder of the email address, Twitter account, Facebook account, or Instagram account with which the Entry was made. The authorized account holder is deemed as the natural person assigned to an
email address by an Internet access provider, service provider, or other organization responsible for assigning email
addresses or the domain associated with the submitted email address. In the event of time of war, national emergency,
accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters
beyond the Sponsor's reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes.
Caution: Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the
Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the
right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

6. DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning
the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the
participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the
laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules (whether of the State of
Indiana, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in the State
of Indiana.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE
LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH
THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY
FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL
THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN
NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL
ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND
EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES,
LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO
EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE
INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND
ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.

8. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided,
however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Indiana and
any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The
arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in
any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action, or proceeding arising
out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the
streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is
unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration," then either
party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually
agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Indianapolis,
Indiana; the parties may mutually agree on an alternative location. The federal or state law that applies to these Official
Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be
consolidated with any other proceedings that involve any claims or controversy of another party, including any class
actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or
unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent
jurisdiction in the State of Indiana. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the
arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either party
may, notwithstanding this provision, bring qualifying claims in small claims court.

9. SPONSOR: 120Water, 250 S Elm St, Zionsville, IN 46077.

10. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not
affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the
Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will
be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s
failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as "may"
are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim
ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any
manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or
inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, or
terms of use on Sponsor’s Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail,
govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
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